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Letter of Request , Cartas Rogatory 2 pages 66 to 142

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Post  Info Sat 20 Feb - 11:01

Cartas Rogatorias 2, pages 66 to 142

POLICIA JUDICIARIA
TRANSLATION

LETTER OF REQUEST

ADDRESSED TO THE COMPETENT JUDICIAL AUTHORITIES IN THE UNITED KINGDOM IN THE NAME OF JUSTICE AND UNDER THE LEGAL PROVISIONS OF INTERNATIONAL MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (ACT 144/99, AUGUST 31, 1999);

Considering the facts justifying this Letter of Request and its accomplishment, the Public Prosecutor for the jurisdiction of Portimao, Portugal, requests the competent Judicial Authorities in the United Kingdom to carry out, observing all the legal formalities, the investigations mentioned below.

1-INTRODUCTION
An Inquiry-recorded under no. 201/07/0 GALGS-is in progress at the Public Attorney’s Office of Portimao, carried out by the Public Prosecution Service, having Gerald Patrick McCann, Kate Marie Healy and Robert Murat as arguidos [formal suspects].

2-DESCRIPTION OF THE FACTS
This inquiry aims at determining the circumstances of the disappearance of MADELEINE BETH McCANN, born on May 12, 2003, daughter of GERALD PATRICK McCANN and KATE MARIE HEALY. The minor disappeared from the Apartment G5A, Ocean Club Resort, Praia da Luz – Lagos, Algarve.

-The disappearance of MADELEINE BETH McCANN was reported to the 24/7 service of the PJ through a phone call from the National Republic Guard [GNR] in Lagos mad around midnight on May 3, 2007.

-A team of investigators was immediately deployed to the place, in order to inspect it.

-Facing the fact, the disappearance of a minor, the investigation outlined the several possible scenarios. The disappearance took place in the period of time between 05.35 p.m. and 10.05 p.m., on May 3, 2007.

-Since the beginning, the minor’s parents attributed the fact (the disappearance) to an act committed by third parties, claiming it was an ABDUCTION.

-Although this being a possible scenario, the family’s procedures led in that direction, including the use of an intense media campaign.

-In fact, the next day in the morning, British television channels and newspapers were already announcing the disappearance/abduction of the minor.

-Time went on without this scenario being absolutely confirmed. A ransom request in exchange for information or for the child itself was never made.
However, and in view of the statement made by one of their friends, JANE TANNER, we could be facing such as scenario.

-After receiving the report, a judicial inspection was made to the place, resorting immediately, among other assets, to “sniffer dogs” of the GNR.

-We must point out that these dogs were specifically trained to follow tracks and find people, besides taking part in international trainings, accomplishing the corresponding protocols.

-International dissemination was made;

-During three days these kinds of dogs were used in searches carried out in a perimeter of approximately 15 square kilometres [+/- 5.8 square miles];

-Meanwhile, investigations were going on in order to collect all kinds of information, always having in view to work out all possible scenarios. Countlessinvestigations were carried out, in order to confirm or invalidate the several clues concerning a possible abduction.

Statements from all employees and service providers of the resort were obtained.

-At a certain time, keeping all the other lines of investigation open, it was decided to make a new inspection to the place from which the child has disappeared.

-This inspection technique is commonly used in the U.K. and consists of using two specially trained dogs.

-We must stress the fact that in the United Kingdom the resort to this kind of inspection is common and that it has a very high percentage of success.

-One of the dogs is trained to detect ‘dead body scent’ and the other one, human blood traces.

-All the inspections were recorded, with sound and image, being directed by the British colleagues handling the dogs.

-In these large number of objects and places inspected, the dogs identified and alerted to the following places and objects:

1. Apartment 5 A, Ocean Club resort, the place from where the little girl disappeared:

dead body scent dog:
*in the couple’s bedroom, in a corner, next to the wardrobe
*in the living-room, behind the sofa, next to the apartment’s side window;

human blood detecting dog:
*in the living-room, behind the sofa, next to the apartment’s side window (exactly in the same place the dead body scent dog gave the alert);

2. Yard area close to apartment 5 A:
dead body scent dog:
*in one of the flower beds – the trainer commented on the swiftness of the detected scent;

3. Apartment where the other GROUP members were lodged:
*NOTHING was detected by any of the dogs;

4. Current house of the MCCANN couple (at the time the inspection was carried out):
*NOTHING was found in the house by any of the dogs;

5. In the village of Luz:
*NOTHING was detected by any of the dogs;

6. In the clothes and belongings of the MCCANN family;
dead body scent dog:
*in two pieces of cloth of KATE HEALY
*in one piece of cloth of the minor MADELEINE
*Possibly, in the cuddly toy of MADELEINE (the dead body scent was detected while the cuddly toy was still inside the house where the family stayed at that time).
*the alert was confirmed outside the house;

7. In the vehicle used by the MCCANN family;
dead body scent dog:
*alerted to the car key;

human blood detecting dog;
*alerted to the car key;
*alerted to the inside of the car’s luggage compartment;

8. In the vehicle used by a friend of the family, who was lodged in the same resort for some days at the same time:
*NOTHING was detected by any of the dogs:

9. In all vehicles used by the arguido [formal suspect] ROBERT MURAT and by persons close to him:
*NOTHING was found by any of the dogs.
(In a total of ten vehicles, the dead body scent dog and the blood scent dog only alerted to the vehicle of the MCCANN family, rented on May 27)

• Forensic examinations are being carried out to the places and objects marked by the blood scent dog and to which this dog gave alert.

• Based on the performance of the dog team, revealing the possibility of the presence of a body in the apartment and in the vehicle used by the MCCANN family, and in order to give GERALD MCCANN and KATE HEALY the chance to have their position in the proceedings safeguarded, they were named arguidos [formal suspects], merely due to the possibility of their involvements with a possible body.

-The information gathered at the beginning with the family and friends – a GROUP made up of a total of nine adult persons – reveals some disparities and shows that it is necessary to determine with certainty the precise way these facts have occurred.

-According to the parents and to the other members of the GROUP’s account, they went to have dinner, all of them leaving their children, sleeping, in their own apartments.

-We are aware that, “a posteriori”, they got together in a meeting where they remembered the rules referring to the continuous supervision of the children while they were having dinner.

-The assumed version was that someone in the group went to the apartments every 15 or 30 minutes to check if everything was all right with the children.

-There is come inconsistency in the statements of the entire GROUP in what concerns some details, which should be better clarified, with a view to determine rigorously the activity of the people that evening.

-Checkings on the children were made in two ways; one, only to hear if any of them was crying (if there was silence it meant everything was all right), and the other, to actually check on them.

-From the data in the proceedings, we conclude that:

# MADELEINE MCCANN shall have been last seen by third parties around 05.35 p.m.;

# After that time, she shall only have been with her parents and was possibly (to be confirmed) seen by the witness DAVID PAYNE, around 07.00 p.m. insidethe apartment used by the McCann family;

# Afterwards, the witness MATTHEW OLDFIELD, when checking on the McCann children, around 09.30 p.m., and despite the fact that he entered the apartment, he did not have visual contact with MADELEINE.

This, we can conclude, in an objective way and regarding the statements that were taken, the following:

# If there was the participation of third parties in the minor’s disappearance: she shall have been removed from the apartment between 09:15 p.m. (approximately)-the time her father saw her-and 10:05 p.m. (approximately)-the time her mother noticed she was missing.

# If her parents actually participated in the disappearance: the minor may have been removed between 05:35 p.m. and 10:05 p.m. (in case DAVID PAYNE has not seen her around 07:00 p.m.; if he did, the time of her disappearance should be between 07:00 p.m. and 10:05 p.m.).
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Carta Rogatoria File (PDF Page No 74-81 ) (Handwritten Pages Reference 73-80)
(to be continued)

(Note : Only the Handwritten Page Reference Number used in the following text)

Page 73

# If her parents actually participated in the disappearance: the minor may have been removed between 05:35 p.m. and 10:05 p.m. (in case DAVID PAYNE has not seen her around 07:00 p.m.; if he did, the time of her disappearance should be between 07:00 p.m. and 10:05 p.m.).

- Following the analysis made to the information obtained from the statements, one of the members of the GROUP, JANE TANNER, became very important due to the information she gave: she saw someone, at dinner time, around 09.15 p.m., crossing the street that provides access to the main entrance of the apartment towards ROBERT MURAT's house, carrying a child.

- We can also perceive the lack of a consistent version about the alleged sighting of the man carrying the child in what concerns GERALD MCCANN and JANE TANNER's statements, as well as in what concerns JEREMY WILKIN's witness statement, who was in that place, at the mentioned date and time.

- Even the place where, allegedly, they would have passed by each other is not very well explained by none of them.

- Regarding all that has been found out, the facts indicate that MADELEINE McCANN's disappearance took place, on the night of May 3rd, 2007, between 05.35 p.m. and 10.05 p.m., from inside the apartment 5A, in the Ocean Club resort in Praia da Luz, used by the McCann couple and their three children.

- Since there was an Alert given by the two dogs (dead body scent/blood), behind the sofa of the living room, it was possible to consider that MADELEINE McCANN's dead body may have been in that place, which originated the gathering of material to be subject to biological examination.


Page 74

- According to a preliminary, not final report, made by the Forensic Science Service (FSS) of Birmingham, England, this cellular material belongs to MADELEINE.

- Besides the dead body scent dog strongly Alerted to the room where the McCann couple used to sleep.

- There was also a new strong dead body scent Alert given on KATE's clothes.

- There was also a strong dead body scent Alert in the car used by the couple (since May 27th, 2007), along with the "human blood detecting dog's Alert to the luggage compartment of that vehicle.

- The before mentioned FSS's Interim Report indicated that there are, resulting from the examinations made to the luggage compartment, biological components that may be compatible with the ones of the minor ; however, this test does not definitely show that the traces originated in MADELEINE's body.

- The dead body scent dog, as well as the human blood detecting dog, also gave Alert to the key of the before mentioned vehicle. The Laboratory also confirmed the existence of GERALD McCANN's DNA in the key. Furthermore, this last Alert was given by the dog's when the key was placed away from the vehicle and in a place out of sight.

***

- We must point out as well some contradictions regarding the McCann's account and some other statements that were taken.


Page 75

# The neighbour from the apartment above said that on May 1st, she noticed MADELEINE cried out for an hour and fifteen minutes (between 10.45 p.m. and midnight).

# One of the cleaning maids saw one of the siblings' cots in the couple's bedroom and the other in the children's bedroom, which contradicts the arguidos' (formal suspects) version, who assured that the cots were always in the children's bedroom.

# The before mentioned maid alleged that, when she was cleaning, the shutters were open, since she noticed the light was entering. This was also denied by the McCANN couple, who assured that they closed the shutters of MADELEINE's bedroom since the first day and that's how they kept them.

***

The group of friends, duly identified and already interviewed, of the missing child's parents was made up of :

1. DAVID ANTHONY PAYNE, living in XX KnXXXXXX CHXXXX Rd, Leicester LEX 3XX-UK, with the phone number 0044XXXXXXXXXX.
2. FIONA ELAINE PAYNE, living at same address, with phone number 0044XXXXXXXXXX


Page 76

3. DIANNE WEBSTER, living in XX, WiXXXX Rd, BeXXXXX,UK with the phone number 0044XXXXXXXXXXX
4. RUSSELL JAMES O'BRIEN, living in XX SaXXXX PoXX Laxx, ExXXXX, EXX 4XX-UK, with the phone number 0044XXXXXXXXXXX
5. JANE MICHELLE TANNER, living at same address, with the phone number 0044XXXXXXXXXXX
6. MATTHEW DAVID OLDFIELD, living in XX SuXXXXXXXX GaXXXXX, EAXX ShXXX, London, SWXX 8XX,UK, with the phone number 0044XXXXXXXXXXX and
0044XXXXXXXXXXX
7. RACHAEL MARIAMMA (??) JEAN MANPHILLY, living at same address, with the phone number 0044XXXXXXXXXXX

***

- The undertaken investigations also allowed to determine that on the night of the events the formal suspects GERALD MCCANN and KATE HEALY, as well as the remaining group of friends, maintained telephone contacts, sometimes insistently, either via sms, or by voice, with the following phone numbers :

(List of 44 different telephone numbers quoted in this part of the report)


Page 77

***

- The Authorities of the Untied Kingdom already have detailed knowledge of this inquiry, as the Detective Superintendent STUART PRIOR, from the Leicester Police, was present during the investigations in Portugal.


3- THE LAW (APPLICABLE LEGISLATION)

The described behaviour of the formal suspect(s) may fall within the following offence(s) :
Abduction, set forth and punished by Section 160, Homicide, set forth and punished by Section 131, Exposure or Abandonment, set forth by Section 138, and Body Concealment, set forth and punished by Section 254, (subsection 1, paragraph a), of the Portuguese Criminal Code.

4- THE REQUEST

As this Letter of Request is essential to find out and clarify the truth, we kindly request the Judicial Authorities in the United Kingdom the following :

1 - To interview the following people, who shall clarify, chronologically and at once, as first question, everything they did on May 3rd, 2007, between 5.30 p.m. and midnight.

In addition, DAVID ANTHONY PAYNE shall be asked the following :

* At what time did you return to the Ocean Club, on May 3rd, 2007, allegedly coming from the beach, and where did you go to ?

* Were you at the tennis courts ? If yes, whom did you talk to ?


Page 78

* Did you go to the apartment of the MCCANN family between 6-00 p.m. and 7.00 p.m. ? If yes, why ? Which way did you take ? At what time ? Did you enter the apartment ? Whom did you talk to ? Did you talk to KATE ? If yes, did you notice anything unusual ? How long did that conversation take ? Did you see the children, including MADELEINE ? What were the children doing (sleeping, playing, or doing anything else) ?

* As the person who organised this trip, were you aware of the baby listening service ? Was this service available at night ? Until what time ? Was it free ?

* Did you travel to Portugal with intercoms to monitor your children ? Wnen you travel with your children do you always use intercoms ? Have you suggested this option to any member of the group ?

* At the apartment you stayed in with your family at the Ocean Club, have you ever left the doors or windows open ?

* On the day before the disappearing of MADELEINE, have you ever checked your children ? How often ?

* Who is the user of the mobile phone 447899XXXXXXX, with whom the below mentioned connections were made, and what is the relationship between you and him/her ?

(List of 6 SMS calls to 447748XXXXXX (D Payne's number) from 447899XXXXX and one call to 447899XXXXXXX (the number mentioned above), all on the 4th May 2007, quoted here. (The call to 44899XXXXXXX was at 10.38 p.m. and has duration of 873 indicated)


Page 79

* Who is the user of mobile phone 447890XXXXXX, with whom the below mentioned connections were made, and what is the relationship between you and him/her ?

(List of 4 calls from 44890, 2 sms and 2 calls quoted here. The incoming calls, x2,
durations were indicated as 71 and 95)

* Who is the user of the mobile phone 91722XXXX, from whom you received the below mentioned text messages, and what is the relationship between you and him/her ?

(List of 2 sms calls from above number quoted here)

* Who is the user of the mobile phone 441706XXXXXX, with whom the below mentioned connections were made, and what is the relationship between you and him/her ?

(List of three calls, 2 outgoing and 1 incoming, quoted here. The 2 outgoing had durations of 127 and 473. The incoming call has duration of 23. Sequence listed as Outgoing, Incoming, Outgoing).

* Who is the user of mobile phone 4418585XXXXXX, to whom you made the below mentioned call, and what is the relationship between you and him/her ?

(List of single call, outgoing to above number, with duration of 493 indicated)


Page 80

* Who is the user of the mobile phone 4420723XXXXXX, to whom you made the below mentioned call, and what is the relationship between you and him/her ?

(List of single outgoing call to above number with duration of 100 indicated)

* Who is the user of the mobile phone 4477792XXXXXX, from whom you received the below mentioned text message, and what is the relationship between you and him/her ?

(List of single incoming sms from above number quoted here)

* Who is th euser of the mobile phone 4477823XXXXXX, to whom you made the below mentioned call, and what is the relationship between you and him/her ?

(List of single outgoing call to above number, duration of 24 indicated)

* Do you recall a meeting, which took place on May 4th, 2007, at approximately 9.00 a.m., with a British Citizen, YVONNE MARTIN, who acts as a Social Worker ? What was the reason for this meeting ? Did you already know this person ? If yes, from where and in what circumstances ? Did you realise which her duties were ? If yes, did you advise the McCann's to turn to her ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* How long have you known Gerald Mccann and Kate Healy and what kind of relationship do you have with the couple ?

* Have you ever been with Gerald and Kate in their home, and with their children ? How many times ?
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Carta Rogatoria File (PDF Page No 82-102 ) (Handwritten Pages Reference 81-101)
(to be continued)

(Note : Only the Handwritten Page Reference Number used in the following text)

Page 81

* Had you ever been on holiday with them before ? If yes, can you describe how they took care of the children at night ?

* How often did you meet Gerald and Kate during the holidays, between April 28th and May 3rd, 2007 ?

* How often did you see their children, Madeleine, Sean and Amelie ?

* Have you ever felt yiu had a reason to become somehow concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Kate and Gerald on Thursday, May 3rd ?

* At what time did you arrive at the Tapas Restaurant on may 3rd ? Who was already there ?

* What were Kate and Gerald doing when you arrived ?

* Did you speak with Kate and Gerald ?

* How were they behaving ?

* Who left the table during the meal, and why ?

* Did you see Gerald leaving the table during the meal ? At what time ? For how long ? What did Gerald say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Jane leaving the table during the meal ? At what time ? For how long ? What did Jane say when she returned ? Was she behaving or acting differently when she returned ?

* Did you see Matthew leaving the table during the meal ? At what time ? For how long ? What did Matthew say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Russell leaving the table during the meal ? At what time ? For how long ? What did Russell say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? For how long ? What did Kate say when she returned ? How did she look like ? How was she behaving ? Were you shocked by what she said ? What did you do ?


Page 82

* Did you enter the McCann's apartment ? Did you enter the bedroom the children were sleeping in ? Can you describe what you saw ? Did you see the twins ? Did you notice anything strange about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising that Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising that Madeleine had not been found in the first 10 minutes, how did Gerry react ?

* Considering that Madeleine had disappeared, what do you think of their behaviour ?

* What did you do between 10.30 p.m. that night and 10.00 a.m. of the following day ? Who did you see ?

* Who did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the time you were on holiday, did you notice any situation where Kate and Gerry were talking to any unknown person ?

* During the time you were on holiday, did you see Kate and Gerry inside any car ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

FIONA ELAINE PAYNE should be asked the following questions :

* How did you check your children ?

* Have you got an intercom system ? If yes, do you usually use it when travelling ?

* At what time did you come back from the beach on May 3rd, 2007 ? Where were you just after returning ? Were you with your husband ? Where were you exactly between 6.00 p.m. and 7.00 p.m. ? Do you know where your husband was during this period of time ?


Page 83

* If David was not with you during this period of time, where did he go and with what intention ?

* During your stay at the Ocean Club holiday apartment did you ever leave your apartment doors or windows open ?

* In the days prior to Madeleine's disappearance did you ever check on your children ? How often ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

* And also (questions drawn up by the arguidos (formal suspects)).

* For how long have you known Gerald McCann and kate Healy ? What kind of relationship is there between you and the McCann couple ?

* Have you ever visited Gerald and Kate at their home address, their children also being present ? If yes, how many times ?

* Had you already spent holidays with them at any other time ? If yes, could you describe the way they took care of their children in the evening / at night ?

* How often would you meet Gerald and Kate during the holiday time period between April 28th, 2007, and May 3rd, 2007 ?

* How often would you see their children, Madeleine, Sean and Amelie ?

* Have you ever felt you had a reason to become somehow concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Gerald and Kate on Thursday, May 3rd, 2007 ?

* At what time did you arrive at the Tapas Restaurant on May 3rd, 2007 ? Who was already there ?

* What were Kate and Gerry doing when you arrived ?

* Did you talk with Kate and Gerald ?

* How were they behaving ?


Page 84

* Who left the table and why ?

* Did you see Gerald leaving the table during the meal ? At what time ? How long was he absent ? What did Gerald say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Jane leaving the table during the meal ? At what time ? How long was she absent ? What did Jane say when she came back ? Was she behaving or acting differently when she returned ?

* Did you see Matthew leaving the table during the meal ? At what time ? How long was he absent ? What did Matthew say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Russell leaving the table during the meal ? At what time ? How long was he absent ? What did Russell say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? How long was she absent ? What did Kate say when she came back ? How did she look like ? What was her behaviour like ? Were you shocked by her words ? What did you do ?

* Did you get inside the McCann's holiday apartment ? Did you get inside the bedroom where the children were sleeping ? Can you describe what you saw ? Did you see the twins ? Did you notice anything unusual about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising Madeleine had not been found in the first 10 minutes, how did Gerald react ?

* What did you do between 10.30 p.m. in the evening to 10.00 a.m. of the following day ? Who did you see ?


Page 85

* Whom did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the holidays, did you happen to see Kate and Gerry talking with someone unknown ?

* Did you see Kate and Gerry inside a car during the holidays ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?


DIANNE WEBSTER should be asked to chronologically clarify all the circumstances in which she intervened on May 3rd, 2007, from 5.30 p.m. to midnight.

* Who is the user of the phone number 447973XXXXXX ? Who is the calling party regarding the below listed phone call, and what kind of relationship is there between you and this person ? If this is a short message service, then, who sent you this message ?

(Listed here, a single incoming SMS message, dated 3rd May 2007, and timed at 7.30 p.m.)

* Whom did you talk with on calling your home address - phone number - 441234XXXXXX thus producing the following record ?

(Listed here, a single outgoing call, dated 4th May, 2007, and timed at 00.34 hours, with a duration of 478).


Page 86

* Who was the user of the phone number 447740XXXXXX, with whom you were phone connected as shown below, and what kind of relationship is there between you and this person ?

(Listed here, are details of 7 incoming calls, dated 4th May, 2007, timed between 11.17 a.m. and 12.03 p.m. 5 of which are SMS, and two timed calls of 476 and 305 duration. With 1 outgoing SMS, dated 4th May, 2007, timed at 12.06 p.m.)

* Who is the user of the phone number 447899XXXXXX ? Who is the calling party regarding the below listed phone calls, and what kind of relationship is there between you and this person ?

(Listed here, are details of 2 incoming calls, dated 4th May, 2007, and timed at 15.44 hours and 15.51 hours. Duration shown as 107 and 139.)

* During your stay at the Ocean Club holiday apartment, did you ever leave your apartment doors or windows open ?

* In the days prior to MADELEINE's disappearance did you ever check on your grandchildren ? How often ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* For how long have you known Gerald McCann and Kate Healy ? What kind of relationship is there between you and the McCann couple ?

* Have you visited Gerald and Kate at their home address, their children being also present ? If yes, how many times ?


Page 87

* Had you already spent holidays with them at any other time ? If yes, could you describe the way they took care of the children in the evening / at night ?

* How often would you meet Gerald and Kate during the holiday time period between April 28th, 2007, and May 3rd, 2007 ?

* How often would you see their children, Madeleine, Sean and Amelie ?

* Have you ever felt you had a reason to become somehow concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Gerald and Kate on Thursday, May 3rd, 2007 ?

* At what time did you arrive at the Tapas Restaurant on May 3rd, 2007 ? Who was already there ?

* What were Kate and Gerry doing when you arrived ?

* Did you talk with Kate and Gerald ?

* How were they behaving ?

* Who left the table during the meal and why ?

* Did you see Gerald leaving the table during the meal ? At what time ? How long was he absent ? Was he behaving or acting differently when he returned ?

* Did you see Jane leaving the table during the meal ? At what time ? How long was she absent ? What did Jane say when she came back ? Was she behaving or acting differently when she returned ?

* Did you see Matthew leaving the table during the meal ? At what time ? How long was he absent ? What did Matthew say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Russell leaving the table during the meal ? At what time ? How long was he absent ? What did Russell say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? How long was she absent ? What did Kate say when she came back ? How did she look like ? What was her behaviour like ? Were you shocked by her words ? What did you do ?


Page 88

* Did you get inside the McCann's holiday apartment ? Did you get inside the bedroom where the children were sleeping ? Can you describe what you saw ? Did you see the twins ? Did you notice anything unusual about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising Madeleine had not been found in the first 10 minutes, how did Gerald react ?

* What is your opinion about their behaviour taking into account Madeleine had gone missing ?

* What did you do between 10.30 p.m. in the evening to 10.00 a.m. of the following day ? Who did you see ?

* Whom did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the holidays, did you happen to see Kate and Gerry talking with someone unknown ?

* Did you see Kate and Gerry inside a car during the holidays ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?


RUSSELL JAMES O'BRIEN should also be asked the following questions :

* At what time did you arrive at the Tapas Restaurant in the evening of 3rd May, 2007 ?

* Were you alone or with your wife ?

* Who was already sitting at the table ?

* How and how often were you checking on your children ?


Page 89

* During that dinner on 3rd May, 2007, were you always at the table ? If not, where did you go ? At what time ? How long were you absent ? How many times were you absent ?

* After the alarm being given what did you do ? Whom did you talk with ? Did you have any photo of MADELEINE in your possession ? If yes, who gave it to you and what kind of photo was this ? Whom did you give the photo(s) ?

* Do you know who informed the Authorities and the Media of Madeleine's disappearance ? Do you know when those Authorities and the Media were informed of Madeleine's disappearance ?

* Did you take part in the searches ? With whom and how were the searches planned ?

* During your stay at the Ocean Club holiday apartment, did you ever leave your apartment doors or windows open ?

* In the days prior to MADELEINE's disappearance did you ever check on your children ? How often ?

* Who is the user of the phone number 447967XXXXXX (a phone number in common with Kate Healy) ? Who was the called party regarding the below listed phone call and what kind of relationship is there between you and this person ?

(Listed here, details of a single incoming call, dated 4th May, 2007, at 7.43 p.m. With a duration of 96.)

* Did the user of phone number 447754XXXXXX, who activated antennas serving the Praia da Luz area and whom you may have been introduced to by the user of the phone number 447967XXXXXX, personally or telephonically contact you ? What kind of relationship is there between you and that person ?


Page 90

* Who is the user of the phone number 447851XXXXXX form whom you received the below listed SMS text message ? What kind of relationship is there between you and that person ?

(Listed here, are details of a single incoming SMS message. Dated 3rd May, 2007, and timed at 10.52 p.m.)

* Who is the user of the phone number 441513XXXXXX to whom you made the below listed phone calls ? What kind of relationship is there between you and that person ?

(Listed here, are details of 2 outgoing calls, dated 4th May, 2007, and timed at 8.13 a.m and 1.49 p.m, with durations of 169 and 213.)

* Who is the user of the phone number 447785XXXXXX to whom you made the below listed phone call ? What kind of relationship is there between you and that person ?

(Listed here, are details of 1 outgoing call, dated 4th May, 2007, and timed at 10.52 a.m., with a duration of 13.)

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* For how long have you known Gerald McCann and Kate Healy ? What kind of relationship is there between you and the McCann couple ?

* Have you visited Gerald and Kate at their home address, their children being also present ? If yes, how many times ?

* Have you already spent holidays with them at any other time ? If yes, could you describe the way they took care of their children in the evening / at night ?


Page 91

* How often would you meet Gerald and Kate during the holiday time period between April 28th, 2007, and May 3rd, 2007 ?

* How often would you see their children, Madeleine, Sean and Amelie ?

* Have you ever felt you had a reason to become somehow concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Gerald and Kate on Thursday, May 3rd, 2007 ?

* At what time did you arrive at the Tapas Restaurant on May 3rd, 2007 ? Who was already there ?

* What were Kate and Gerry doing when you arrived ?

* Did you talk with Kate and Gerald ?

* How were they behaving ?

* Who left the table during the meal and why ?

* Did you see Gerald leaving the table during the meal ? At what time ? How long was he absent ? What did Gerald say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Jane leaving the table during the meal ? At what time ? How long was she absent ? What did Jane say when she came back ? Was she behaving or acting differently when she returned ?

* Did you see Matthew leaving the table during the meal ? At what time ? How long was he absent ? What did Matthew say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? How long was she absent ? What did Kate say when she came back ? How did she look like ? What was her behaviour like ? Were you shocked by her words ? What did you do ?


Page 92

* Did you get inside the McCann's holiday apartment ? Did you get inside the bedroom where the children were sleeping ? Can you describe what you saw ? Did you see the twins ? Did you notice anything unusual about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who was you with ?

* On realising Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising Madeleine had not been found in the first 10 minutes, how did Gerald react ?

* What is your opinion about their behaviour taking into account Madeleine had gone missing ?

* What did you do between 10.30 p.m. in the evening to 10.00 a.m. of the following day ? Who did you see ?

* Whom did you talk with ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the holidays, did you happen to see Kate and Gerry talking with someone unknown ?

* Did you see Kate and Gerry inside a car during the holidays ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?


JANE MICHELLE TANNER should also be asked the following questions :

* At what time did you arrive at the Tapas Restaurant in the evening of 3rd May, 2007 ?

* Did you arrive alone or with your partner ?

* Who was already sitting at the table ?

* How and how often were you checking on your children ?


Page 93

* During that dinner on 3rd May, 2007, were you always at table ? If not, where did you go ? At what time ? How long were you absent and why ? How many times were you absent ?

* At any given time during dinner on 3rd May, 2007, were you absent along with your partner RUSSELL O'BRIEN ?

* Did you check on the children of any other couple ?

* Did you happen to see GERALD when checking on your children ? If yes, at what time did it happen ? What was he doing ? Can you tell us the exact place where he was/they were and his/their position (please mark or draw a sketch) ? Did you not greet him by then ? At what precise distance did you pass by GERALD ? Did you pass behind or in front of him ?

* Did GERALD or his friend see you ? Where were you going ? Which way did you go ? Did you pass in front of the window of MADELEINE's bedroom ? Was this window open or shut ? How were the shutters ?

* Where were you when you saw a man carrying a child in his arms ? What time was it (if possible, by the minute) ? What was the man wearing ? And the child ?
Are you sure this child was MADELEINE ? How would you describe the light and visibility conditions by then ? Under such conditions do you think it might be possible to give a detailed description of the man and the child ? At what distance were you from the concerned man ? Did you only observe crossing the street or did you keep on looking at him as he made his way ? Did you hear his footsteps ? On reaching the street corner were you curious enough to look back and get a view of the man ?

* In what direction did the man go ? Did you see him get inside a car or a house ? Did you find the situation unusual ? Do you recall any car passing by that street ? If yes, why didn't you draw GERALD's attention to the above-described sighting ? If you didn't find it unusual, why would you recall the incident so accurately ?

* On your way back was GERALD still where you had seen him before ? How long did you take to get back to the Tapas Restaurant ? Which way did you go to get back ?


Page 94

* Did you pass in front of the window of MADELEINE's bedroom again ? How were the window and the shutters ? Did you happen to see someone on your way back ?

* After the alarm being given about MADELEINE going missing, why didn't you warn the McCANNS immediately of the sighting involving that man ? How long after did you tell someone about what you had seen and whom did you tell it ? Did you report this incident to the Authorities or did you inform the Media of it ?

* Who is the user of the phone number 917XXXXXX (a phone number in common with Rachael Manphilly) with whom you were phone connected as shown below, and what kind of relationship is there between you and this person ?

(Listed here, are details of 2 calls, 1 incoming, dated 4th May, 2007, and timed at 10.34 p.m. with duration of 2, and 1 outgoing SMS, dated 4th May, 2007, and timed at 11.21 p.m.)

* Who is the user of the phone number 441271XXXXXX to whom you made the below listed phone calls, and what kind of relationship is there between you and this person ?

(Listed here, are details of 2 outgoing calls, dated 4th May, 2007, and timed at 9.12 a.m and 10.08 p.m, with durations of 240 and 1304.)


Page 95

* Who is the user of the phone number 441392XXXXXX, with whom you were phone connected as shown below, and what kind of relationship is there between you and this person ?

(Listed here, are details of 2 calls, 1 outgoing and 1 incoming, dated 2nd May, 2007, and timed at 1.59 p.m and 2.33 p.m. respectively, with durations of 1 and 187.)

* Who is the user of the phone number 447771XXXXXX, to whom you sent the below listed SMS text message, and what kind of relationship is there between you and this person ?

(Listed here, is a single SMS call, dated 2nd May, 2007, and timed at 7.27 p.m.)

* Who is the user of the phone number 447941XXXXXX, with whom you were phone connected as shown below, and what kind of relationship is there between you and this person ?

(Listed here, are details of 1 incoming SMS call, dated 4th May, 2007, and timed at 10.23 p.m. And 1 outgoing SMS call, dated 4th May, 2007, and timed at 10.38 p.m.)

* Who is the user of the phone number 447946XXXXXX to whom you sent the below listed SMS text message, and what kind of relationship is there between you and this person ?

(Listed here, is a single outgoing SMS call, dated 2nd May, 2007, and timed at 7.22 p.m.)


Page 96

* Who is the user of the phone number 447958XXXXXX, with whom you were phone connected as shown below, and what kind of relationship is there between you and this person ?

(Listed here, are details of 2 SMS calls, 1 incoming, dated 2nd May, 2007, and timed at 8.21 a.m. And 1 outgoing, dated 2nd May, 2007, and timed at 10.05 a.m.)

* Who is the user of the phone number 4412347XXXXXX to whom you made the below listed phone calls, and what kind of relationship is there between you and this person ?

(Listed here, are details of 3 outgoing calls, dated 4th May, 2007, and timed at 00.11 a.m., 00.20 a.m. and 00.21 a.m. respectively. Durations times of 6, 22, and 3.)

* Who is the user of the phone number 447949XXXXXX to whom you sent the below listed SMS text messages, and what kind of relationship is there between you and this person ?

(Listed here, are details of 2 outgoing SMS calls : 1 dated 3rd May, 2007, and timed at 10.30 p.m. and the other SMS call, dated 4th May, 2007, and timed at 9.04 a.m.)

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* For how long have you known Gerald McCann and Kate Healy ? What kind of relationship is there between you and the McCann couple ?

* Have you visited Gerald and Kate at their home address, their children being also present ? If yes, how many times ?


Page 97

* Have you already spent holidays with them at any other time ? If yes, could you describe the way they took care of their children in the evening / at night ?

* How often would you meet Gerald and Kate during the holiday time period between April 28th, 2007, and May 3rd, 2007 ?

* How often would you see their children, Madeleine, Sean and Amelie ?

* Have you ever felt you had a reason to become somehow concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Gerald and Kate on Thursday, May 3rd, 2007 ?

* At what time did you arrive at the Tapas Restaurant on May 3rd, 2007 ? Who was already there ?

* What were Kate and Gerry doing when you arrived ?

* Did you speak with Kate and Gerald ?

* What was their behaviour like ?

* Who left the table during the meal ? Why ?

* Did you see Gerald leaving the table during the meal ? At what time ? How long was he absent ? What did Gerald say when he came back ?Was he behaving or acting differently when he returned ?

* Did you see Matthew leaving the table during the meal ? At what time ? For how long ? What did Matthew say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Russell leaving the table during the meal ? At what time ? For how long ? What did Russell say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? About how long was she absent ? What did Kate say when she came back ? How did she look like ? What was her behaviour like ? Were you shocked by her words ? What did you do ?


Page 98

* Did you get inside the McCann's holiday apartment ? Did you get into the bedroom where the children were sleeping ? Can you describe what you saw ? Did you see the twins ? Did you notice anything unusual about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising Madeleine had not been found in the first 10 minutes, how did Gerald react ?

* What do you think about their behaviour considering that Madeleine had gone missing ?

* What did you do between 10.30 p.m. in the evening to 10.00 a.m. of the following day ? Who did you see ?

* Who did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the time you were on holidays, did you notice any situation where Kate and Gerry were talking to any unknown person ?

* Did you see Kate and Gerry inside any car during the holiday period ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?



MATTHEW DAVID OLDFIELD should also be asked the following questions :


Page 99

* During that dinner, on 3rd May, 2007, were you always sitting at the table ? If not, where did you go ? At what time ? About how long were you absent ? Why ? How many times did you do that ?

* Were you at the McCANN's apartment that night ? Why ? Did you go there voluntarily or did anyone ask you to do it ? At what time did you go there ?

* How did you get into the apartment ? Was the door/window open ? Were the curtains of that door pulled back ? Did you close the door after getting in ? Was it a windy night ? Did you feel a draught of air when you got in ?

* Were there any soft lights on ? What did you immediately see as you got in ? Was the children's bedroom door open ? Was there a light in that bedroom ? Did you notice anything unusual, namely anything concerning the door, the curtains, the window, the shutters or the light in the room ?

* Did you actually see the 3 children ? Did you hear any noise ? Were the curtains waving ? How much time were you inside KATE and GERALD's apartment ? How many rooms did you walk through ?

* How did you get out of the apartment ? Did you close the door ? While you went and came back, did you see anybody, did you hear footsteps or car doors or house doors being locked ? Where did you go to ?

* Did you at any time leave the doors or the windows open, in the Ocean Club's apartment you were staying in with your family ?

* In the days before MADELEINE went missing, did you at any time check on your children ? How often ?

* Who is the user of the mobile phone number 447958XXXXXX, from whom you received the below mentioned SMS text message ? What is the relationship between you and him/her ? After this contact, did anyone reach you personally or by telephone following instructions from the user of this mobile phone ?

(Listed here, are details of an incoming SMS call, dated 4th May, 2007, and timed at 00.08 a.m.)



Page 100

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* For how long have you known Gerald McCann and Kate Healy and what sort of relationship is there between you and the couple ?

* Have you ever beenwith Gerald McCann and Kate Helay at their home,with their children ? How many times ?

* Have you already spent holidays with them at any other time ? If yes, can you describe the way they took care of their children in the evening / at night ?

* How often did you use to meet Gerald and Kate during the holidays from April 28th, 2007, till May 3rd, 2007 ?

* How often did you use to see their children, Madeleine, Sean and Amelie ?

* Did you at any time feel that there was any reason to be concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Gerald and Kate on Thursday, May 3rd, 2007 ?

* At what time did you arrive at the Tapas Restaurant on May 3rd, 2007 ? Who was already there ?

* What were Kate and Gerry doing by the time you arrived ?

* Did you speak to Kate and Gerald ?

* What was their behaviour like ?

* Who left the table during the meal ? Why ?

* Did you see Gerald leaving the table during the meal ? At what time did you see him leaving the table ? About how long was he absent ? What did Gerald say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Jane leaving the table during the meal ? At what time ? About how long was she absent ? What did Jane say when she came back ? Was she showing any different behaviour or attitude when she returned ?


Page 101

* Did you see Russell leaving the table during the meal ? At what time ? For how long ? What did Russell say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? About how long was she absent ? What did Kate say when she got back ? How did she look like ? What was her behaviour like ? Were you shocked by what she said ? What did you do ?

* Did you get into the McCann's apartment ? Did you get into the bedroom where the children were asleep ? Can you describe what you saw ? Did you see the twins ? Did you notice anything unusual about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising Madeleine had not been found in the first 10 minutes, how did Gerald react ?

* What do you think about their behaviour considering that Madeleine had gone missing ?

* What did you do between 10.30 p.m. in the evening to 10.00 a.m. of the following day ? Who did you see ?

* Who did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the time you were on holidays, did you notice any situation where Kate and Gerry were talking to any unknown person ?

* Did you see Kate and Gerry inside any car during the holiday period ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?
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Carta Rogatoria File (PDF Page No 103-125 ) (Handwritten Pages Reference 102-124)
(to be continued)

For transference to the relevant thread within the Table of Contents Thread when completed....

(Note : Only the Handwritten Page Reference Number used in the following text)


Page 102

RACHAEL MARIAMMA JEAN MANPILLY, should also provide a chronological explanation regarding everything she did on 3rd May, 2007, between 7.30 p.m. and midnight. In addition to the above referred, she should be asked the following :

* Who is the user of the mobile phone number 9174XXXXX (a phone number in common with Jane Tanner), from whom she receives the below mentioned phone call ? What is the relationship between you and him/her ?

(Listed here, is a single incoming call, dated 4th May, 2007, and timed at 10.38 p.m., with a duration of 2 minutes and 31 seconds)

* Who is the user of the mobile phone number 4478127XXXXX, with whom you exchanged the below mentioned SMS text messages ? What is the relationship between you and him/her ?

(Listed here, are details of 11 SMS text calls, 6 dated 2nd May, 2007, and 5 dated 4th May, 2007. 4 of 6 May 2nd SMS calls were incoming and the 2 others were outgoing. They were timed at between 9.57 a.m 1.12 p.m. Of the 5 SMS calls on the 4th May, 2007, 4 were incoming and the other was outgoing, and were timed at between 8.06 a.m. and 4.26 p.m.)

* Who is the user of the mobile phone number 4478170XXXXX, with whom the below mentioned connections were made ? What is the relationship between you and him/her ?

(Listed here, are details of 2 incoming SMS calls, and 1 incoming call, The first SMS call was timed at 11.33 a.m. on the 3rd May, 2007, and the other at 11.03 a.m. on the 4th May, 2007. The incoming call was dated 4th May, 2007, and was timed at 12.32 p.m. with a duration of 63.)



Page 103

* Who is the user of the mobile phone number 4477686XXXXX, with whom the below mentioned connections were made ? What is the relationship between you and him/her ?

(Listed here, are details of 9 calls. The first 3 were calls and were dated 4th May, 2007, and the first was outgoing, timed at 1.42 p.m, with a duration of 75. The other 2 were incoming calls, timed at 1.58 p.m. and 2.22 p.m, with a duration of 6 minutes 58 seconds, and 125 respectively. The 6 SMS calls were dated 4th May, 2007, and were timed at between 8.57 a.m. and 12.39 p.m. Of these 6 SMS calls, 4 were incoming and 2 were outgoing.)

* Who is the user of the mobile phone number 445493701XXXXX, from whom you received the below mentioned phone call ? What is the relationship between you and him/her ?

(Listed here, are details of 1 incoming call, dated 4th May, 2007, with a duration of 692.)

* Who is the user of the mobile phone number 4479731XXXXX, to whom you made the below mentioned phone calls ? What is the relationship between you and him/her ?
After these contacts, did anyone reach you personally or by telephone following instructions from the user of this mobile phone ?

(Listed here, are details of 3 outgoing calls, 1 dated 2nd May, 2007, and timed at 9.57 a.m. with a duration of 101, and 2 outgoing calls dated 4th May, 2007, timed at 8.10 a.m. and 12.34 p.m. respectively, with durations of 49 seconds and 26.)

* Did you leave Praia da Luz on the night Madeleine went missing ? If yes, in which time period ? For how long ? Where did you go and why ? Did you meet anyone ? When you left, did you go with someone else ? Who was that person ? Did you use any means of transportation ? What time did you come back ?



Page 104

* Did you at any time leave the doors or windows open in the Ocean Club's apartment you were staying in with your family ?

* In the days before MADELEINE went missing, did you at any time check on your children ? How often ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* How long have you known Gerald McCann and Kate Healy and what sort of relationship is there between you and the couple ?

* Have you ever been with Gerald and Kate at their home, with their children ? How many times ?

* Had you already spent holidays with them at any other time ? If yes, can you describe the way they took care of their children in the evening / at night ?

* How often did you use to meet Gerald and Kate during the holidays from April 28th, 2007, and May 3rd ?

* How often did you use to see their children, Madeleine, Sean and Amelie ?

* Did you at any time feel that there was any reason to be concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Kate and Gerald on Thursday, May 3rd, 2007 ?

* What time did you arrive at the Tapas Restaurant on May 3rd ? Who was already there ?

* What were Kate and Gerry doing by the time you arrived ?

* Did you speak to Kate and Gerald ?

* What was their behaviour like ?

* Who left the table during the meal ? Why ?

* Did you see Gerald leaving the table during the meal ? At what time did you see him leaving the table ? About how long was he absent ? What did Gerald say when he came back ? Was he behaving or acting differently when he returned ?



Page 105

* Did you see Jane leaving the table during the meal ? At what time ? About how long was she absent ? What did Jane say when she got back ? Was she showing any different behaviour or attitude when she returned ?

* Did you see Matthew leaving the table during the meal ? At what time did you see him leaving the table ? About how long was he absent ? What did Matthew say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Russell leaving the table during the meal ? At what time did you see him leaving the table ? About how long was he absent ? What did Russell say when he came back ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? About how long was she absent ? What did Kate say when she got back ? How did she look like ? What was her behaviour like ? Were you shocked by what she said ? What did you do ?

* Did you get into the McCann's ? Did you get into the bedroom where the children were asleep ? Can you describe what you saw ? Did you see the twins ? Did you notice anything unusual about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising Madeleine had not been found in the first 10 minutes, how did Gerald react ?

* What do you think about their behaviour considering Madeleine had gone missing ?

* What did you do between 10.30 p.m. in the evening to 10.00 a.m. of the following day ? Who did you see ?

* Whom did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?



Page 106

* During the time you were on holidays, did you notice any situation where Kate and Gerry were talking to any unknown person ?

* Did you see Kate and Gerry inside any car during the holiday period ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***

* These 7 people should be expressly asked about theis availability to travel to Portugal, on a date yet to be set (as soon as possible), in order to re-enact the events occurred on May 3rd, 2007, between 5.30 p.m and 11.00 p.m. at the Ocean Club, with sound and image recording.
This should be requested to all of them during the interviews.

* Interview to KATE HEALY's father, BRIAN HEALY - to be identified by the herein Requested Authority. He should clarify his statements to the Media, in which he admitted that KATE might have administered a medicine, namely Calpol, in order to help the child or the children sleep.
He should be asked the following questions :

* Did KATE actually administer "Calpol" - Calpol Night - or any other medicine to her children ? Do you know whether she administered any kind of medicine to her children while on holiday in Portugal ?

* What for, and how regularly did she do that ?

* How often did you contact your grandchildren, and specially MADELEINE ?

* Did you usually go to your daughter's house to see your grandchildren or, on the contrary, that usually happened somewhere else ?



Page 107

* What was KATE and GERALD's relationship with MADELEINE ? Is she a very active child ? Did she have any difficulty in sleeping ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***

II - Request the respective telephone network operating companies to provide a complete identification of the owner's of the following telephone numbers :

(Listed here, are 44 telephone numbers to be identified),

* as well as a list of the incoming and outgoing calls, including the SMS and MMS messages relating to the above referred telephone numbers, between 2nd May, 2007, 00.00.00 and 5th May, 2007, 00.00.00

III - After receiving and analysing the requested information in II above, please interview the users of the aforementioned identified telephone numbers at the period of time referred to above. Thet should be asked the following questions :

* Do you know the MCCANN family ? What kind of relationship do you have with them ?

* Are you a friend or an acquaintance of the other elements of the group ?



Page 108

* Did you receive or make any telephone calls, or receive or send SMS or MMS messages from or to any of those 9 persons between 2nd May, 2007, and 5th May, 2007 ?

* What were the topics you talked about in those calls ?

* Did anyone, in any way, inform you of a missing child ? When and who informed you ? As regards this particular information, what did you do ? Did you contact the Media ?

* Any other relevant questions related to the ones previously replied.

* Is there any further supplementary explanations that you consider pertinent or relevant to establish the material truth ?

***

IV - Interview to GERALD MCCANN's sister PATRICIA CAMERON - to be identified by the Requested Authority. She used the "Renault" vehicle, model "Scenic", number plate 59-DA-27 during the time it was rented to the arguidos (formal suspects). She should be asked the following questions :

(Note : The original text stated :
-------IV - Interview to GERALD MCCANN's sister-in-law SANDY - to be identified by the Requested Authority. She used the "Renault" vehicle, model "Scenic", number plate 59-DA-27 during the time it was rented to the arguidos (formal suspects). She should be asked the following questions :"
I have taken this as a reference error and as ALEXANDER JAMES CAMERON, (SANDY), has been requested to be questioned later in the Letter, I have presumed that the PJ requesting actually meant to refer to PATRICIA in the above request, as she also did attend the Rog Interviews for Interview)-------

* Have you ever driven this vehicle ?

* Who was with you ?

* When and where exactly did you drive to ?

* Do you have anything to report that you would describe as unusual when you drove the vehicle or travelled in it ?

* As far as you know, have the twins ever travelled in the vehicle ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any further supplementary explanations that you consider pertinent or relevant to establish the material truth ?



Page 109

V - Interview to the additional drivers indicated by Gerald McCann on the rental contract for the vehicle Renault Scenic, 59-DA-27, as hereinafter identified.

* MICHAEL TERENCE WRIGHT, 13, PaXX AvXXXX, Skipton, N. Yorks - England :

* ALEXANDER JAMES CAMERON, 53, OxXXXX PlXXX, Dumbarton - Scotland

They should be asked the following questions :

* Do you know the McCann family ? If yes, what relationship do you have with them ?

* Why are you indicated on the rental contract as additional driver for the vehicle Renault Scenic rented by GERALD MCCANN ?

* Did you ever drive this vehicle ? Who was with you ? When and where exactly did you drive to ?

* As far as you know, have the twins ever travelled in the vehicle ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any further supplementary explanations that you consider pertinent or relevant to establish the material truth ?

***

VI - Interview to the below identified individuals that had rented the Renault Scenic vehicle, number plate 59-DA-27 before GERALD MCCANN :

* JOHN BROWN, 16, HoXXX - GrXXX, MiXXXX - GrXXX BrXXXX MIXXXX, England, as well as MICHAEL WRIGHT, additional driver, at the same address.



Page 110

* ADRIAN ROBERT LOWES, 14 WoXXXXXXX ROXX - Barnard Castle, England, as well as RUTH AMANDA LOWES, additional driver, at the same address.

* KENNETH ARTHUR WALDEN, 37 LOXXXXXXXXXX RoXX, Walton Le Wolds, IEXX 8 XX, England.

* JOHN GRAY PATERSON, ThXXXXXXXX- TIXXXXXXXXXX, PAXX 2XX, England, as well as DR. GEORGE JEREMY THOMPSON, additional driver and holder of the driving licence THOMS30XXXX, issued on February 14th, 2007, in the UK.

* SIMON JOHN HALDER, 43 DE TAXX CoXXX, St Albans, England, as well as RAYMOND SMITH DUNCAN, additional driver and holder of the driving licence SMITH50XXXX, issued on January 24th, 2000, in the UK.

The aforementioned individuals should be asked as follows :

* Do you confirm having rented this vehicle ? Under what circumstances did you rent it ?

* Can you remember the date on which you signed the contract ?

* Are you acquainted with the MCCANN family ? If yes, what sort of relationship do you have with them ?

* Have you ever transported anyone dying or wounded, namely ble*ding ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

VII - Interview to the adult users of the apartment (G5A) from which MADELEINE MCCANN went missing, who stayed there before 28th April (the date on which the



Page 111

MCCANNs arrived there). They should be subject to a buccal swab and hair sample collection (only the below UNDERLINED individuals :

* The FAWKES family, namely SIMON ANDREW , CLAIRE LOUISE AND daughter RUXX ELXXXXXXX, 62 EvXXXXXX LaXX, WOXXXXXXX, BEXXXXXXX, RGXX 4XX, UK.

* CARLOS DAMBROSIO and JUNE HUGHES, 53x MoXXXXXX DRXXX, Glasgow, GXX 1XX, UK.

* The GORDON family, namely PAUL ANTHONY, SALEIGH LOUISE and two children - CHXXXXX HAXXXXXX and JAXXXXX ISXXXX - 2 DaXXXXXXX, WIXXXXX, Hants, PXXX 6XX, UK.

The aforementioned persons should be asked the following questions :

* Did any incident happen during your stay at the apartment, i.e. was anyone injured or did anyone die ?

* Did you ever suffer theft or did any of your belongings disappear from the apartment ?

* Did you ever detect the presence of anyone strange inside or around your apartment ?

* Did the windows, as well as the doors and shutters close well ? Did you at any time detect whether any of these accesses to your apartment had been broken in ?

* How did you usually go into your apartment ?

* Was the sofa in the living-room - on the right side after entering through the patio door - leaning against the wall or a little away from it ? If it was away from the wall, how far ?

* Do you have any children ? Did you take them to Portugal with you ? Where did you and your children sleep ?

* Where did you usually take your meals, i.e. breakfast, lunch and dinner ?

* Did you ever leave your children alone ?

* Did you use the "Kids Club" service ?



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* Did you detect anything worth mentioning during your stay ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

****

VIII - Interview to NEIL BERRY, 42, MeXXXXXXXX ROXX, Surrey, SMX 7XX. He should be subject to a buccal swab and hair sample collection and asked the following questions :

* Do you confirm your previous statements to the British Police ?

* Could you provide a thorough description regarding everything you did on 3rd May, 2007, ? Indicate time and place.

* Where did you have your meals and with whom ?

*Where were you on this day between 8.30 p.m. and 10.00 p.m. ?

* At about 6.00 p.m., in particular, where were you ? Who were you with ?

* Considering the fact that you were seen by a witness, clarify what you were doing at that time next to the stairs leading to the upper floor , which are located next to the lift of Block 5 at the Ocean Club, i.e. not far from the apartment from where Madeleine McCann went missing ?

* On that occasion, did you actually pass by an Ocean Club employee that went there to pick up laundry ?

* If yes, what was the reaction like and why ?

* Do you know a man identified as RAJINDER BALU ? Who is he ? From where do you know him ? Did you travel together to Portugal ? Did RAJINDER BALU travel together with his family ?

* Explain clearly all your actions on that day between 6.00 p.m. and 11.00 p.m., namely with whom did you go to the TAPAS RESTAURANT to get food, and the kind of food you ordered, as well as the direction you took to go to the place where you ate.



Page 113


* When exactly did you realise that a child was missing ? Where were you then and who were you with ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?


* Interview to RAJINDER RAJ BALU as a witness, 62, BIXXXXXXXX ROXX, HeXXXXXXX, Brentwood, Essex. He should be asked the following questions :

* Do you confirm your previous statements to the British Police ?

* What did you do on 3rd May, 2007, between 6.00 p.m. and 11.00 p.m. ?

* How did you get to know that a child was missing ?

* Did you take part in the searches ? Where and with whom did you look for the missing girl ?

* Do you know a man identified as NEIL BERRY ? Who is he ? How did you know him ? Did you travel together to Portugal ? Did he travel to Portugal with his family ?

* State clearly who went to buy the food at the TAPAS REASAURANT, what food was it and the way taken.

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***


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IX - Interviews to MARK HARRISON and MARTIN GRIME, who were in charge of the searches undertaken by the specialist dogs, and who shall be notified by the Requested Authority.

MARTIN GRIME should be asked the following questions :

* Could you explain the methodology regarding the performance of the dogs in the scope of the undertaken searches ?

* Could you provide a thorough description of the dogs' skill and orientation, as well as an interpretation of the dogs' indications in the specific cases ?

* Aiming at determining the reliability of the canine performance, in what concerns the alerts given to blood scent and to dead body scent, how reliable are those indications in this particular case ?

* From the behaviour of the dogs, is it possible to distinguish between a strong alert and a soft alert ?

* Can you say whether the indication given to the cuddly toy corresponds to a concrete alert to dead body scent or to a mere dog playing trick ?

* In what concerns the cadaver scent on KATE's clothing, could it be undoubtedly stated that those clothes had been in contact with a dead body ? Or could the alert have been given even if those clothes had been in contact with other pieces of clothing, surfaces or items which could have had previously touched a dead body, thus allowing for secent transfer ?

* Does the EVRD dog ( dead body scent dog) also alert to blood traces coming from a living person or from a dead body ?

* In what concerns the indications given by the CSI dog ( human blood detecting dog), can this dog alert to other biological fluids ? Isn't there a chance, even a tiny one, of some confusion ?



Page 115

* How long does a cadaver need to be in contact with a surface or an item, so that the scent can be indicated ?

* How farther can a blood trace date back in time, so that the CSI dog gives an indication ?

* Can the dogs mix up scents from human and non-human traces ?

* From your experience as a dog Handler, can you specify whether the dog's positive indications have always been corroborated by positive scientific results ?

* Did Gerald McCann ask you, at any time, in Portugal, or in the United Kingdom, any questions about the performance of the dogs in this case ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.


MARK HARRISON should be asked the following questions :

* What criteria led to the selection of the places to be searched ?

* How were the searches carried out ?

* Considering the geological conditions of Praia da Luz, where would it be more likely to conceal a dead body ?

* In this particular case, based on the known information and in your experience, what is the probability for a body concealment to have occurred ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.


***

X - Interview to JEREMY WILKINS, 23, MOXXXX ROXX, London, NWXX 5XX, UK, who shall clarify the following :

* What time did you meet GERALD ?



Page 116

* Where was he coming from ?

* Where exactly did you meet him (provide directions or sketch) ? How were both of you positioned ? How did you position yourself ? With your back turned to Block G5 (where McCann's apartment is located) or, contrariwise, facing the referred building ?

* For how long were you talking to each other ?

* Were you facing each other ? Or was GERALD McCANN beside you ?

* Did you see anyone else besides GERALD ?

*Do you know JANE TANNER ? Did you see her when you were talking to GERALD ?

* Could someone have passed by GERALD and you without your notice ?

* Did you detect anything strange in GERALD's behaviour ?

* During your conversation, did you see anybody ? Did you hear footsteps ? Did you see or hear any vehicles circulating ? Did you hear any sound that resembled a shutter opening or the slam of a car or a house door ?

* Were the visibility/light conditions good ? Considering those conditions, would you find it possible to describe a man in detail ?

* The witness should be expressly asked about his availability to come to Portugal, on a date yet to be set (as soon as possible), in order to re-enact the events occurred on 3rd May, 2007, between 5.30 p.m. and 11.00 p.m. at the Ocean Club, with sound and image recording. This should be requested to him during the interview.

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* When did you get acquainted with GERALD McCANN and KATE HEALY between 28th April and 3rd May ?

* How often did you use to meet them between 28th April and 3rd May ?

* Did you see them with Madeleine and their two other children ? What was the children's behaviour like ?

* Did you see any of them inside a car ?



Page 117

* Did you see KATE or GERALD on Thursday, 3rd May ? Where ? At what time ? How were they behaving ?

* When did you know that Madeleine had gone missing ? Did you take part in the searches ? Did you see KATE and GERALD after it was noticed that Madeleine was missing ? When ?

* How did they react ?

* What time did you meet GERALD McCANN on Thursday, 3rd May ?

Where exactly were you standing ? Did you see where GERALD had been ?

* Did you see him leaving the apartment ?

* Did you notice anything strange ?

* What did you speak about ? Did he mention anything about going to check on the children ?

* For how long were you talking to each other ? Are you sure about the time and about how long the conversation went on ?

* While you were having this conversation, did you notice anyone else around ? If yes, when and where ?

* Did you see JANE TANNER ?

* From the place you were talking to GERALD could you see the street - Rua Dr. Francisco Gentil - on top of the hill ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***

XI - Interview to the TAPAS RESTAURANT employee JERÓNIMO TOMÁS RODRIGUES SALCEDAS, 10 SeXXXX CoXXX - Swindon, Wiltshire, SNX 5XX, England,



Page 118

telephone number 004477717XXXXX, who was on evening duty on 3rd May. The witness should be asked the following questions :

* Being on evening duty on that date, how did you become aware of the fateful event ?

* Who alerted to the disappearing of Madeleine ? How was that alert given ?

* What time was the alert given ?

* How did you act ?

* Did you take part in the searches ? With whom ?

* Who decided to call the Law Enforcement Authorities ?

* After the alarm to the disappearing had been raised, did anyone remain at the table ?

* Had you seen the missing child before ? If yes, did she look normal to you, or did you notice any sort of inadequate behaviour for a child of her age ?

* How would you describe the group of 9 adults ?

* How would you describe the group's drinking habits ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

***

XII - Interview to MADELEINE McCANN's babysitters and Nursery School Teachers, to be identified by the Requested Authority. They should be asked the following questions :

* What kind of relationship do you have with the child and with her relatives ?

* How long have you known MADELEINE McCANN ? And how often did you use to meet ?

* What is the child and her parents' character and personality ?

* Are you aware of any problems/conflicts between MADELEINE and her parents, family, friends or children of her age ?



Page 119

* In a general way, how was MADELEINE McCANN'S HEALTH ? Would you consider her to be a healthy child ? Do you remember something you consider worth mentioning, such as changes in the child's behaviour, haemorrhages or apathy ?

* Did MADELEINE McCANN ever complain about her parents, family or friends ? Did you ever notice fear or anxiety in an obvious way ? If yes, why ?

* Is she a hyperactive child ?

* Did she seem to have sleeping problems ?

* Did her parents ever mention any problems she had ? Was it difficult for them to handle her ? Did they seem tired, possibly due to the fact that she was a very active child ?

* Do you know if she was taking any kind of medication ? Was she ever given any medicine ? Did her parents use to give her medication ? What sort, to what end and how often ?

* Did MADELEINE have a normal behaviour for her age ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***

XIII - Interview to the housemaid(s) of the McCANN family, to be identified by the Requested Authority. They should be asked the following questions :

* How long do you know and work for the family ?

* What are your duties and how often do you accomplish them ?

Did you know MADELEINE McCANN ? How often did you use to meet her and in what circumstances ?

* What is the child's relationship with her parents and her family ?



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* How is the child's character ? Is she hyperactive ?

Does she have sleeping problems ? Did you ever see her ble*ding, other than by traumatic effect ?

* Did you ever see the "naughty board" where her parents used to mark the child's behaviour ? What's on that board ?

* Did you see anything you consider unusual and worth mentioning ?

* Did MADELEINE have a normal behaviour for her age ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***

XIV - Interview to the Police Officers, Liaison Officers to the McCANN family, to be identified by the Requested Authority. They should be asked the following questions :

* Did you actually go to Portugal when MADELEINE McCANN disappeared ?

* Who ordered you to go ?

* With what purpose ?

( Note : the following text has been overwritten by handwritten English text :
On the right side of the Page are partial lines of typed text shown:
* stay in Portugal ?
* Police Liaison Officer to the family ?
* KATE or GERALD McCann ?
* consequences ?
* the possibility that the children had been
* MADELEINE's sibling twins should be subject to

Whilst on the left side of the page is overwritten by handwritten English text :
* Was there anything said or done by KATE or GERALD McCANN in your presence or during any contact with them that raised any suspicion that they had any knowledge of what had happened to MADELEINE other than that of the circumstances described to this Portuguese Investigation ?)



Page 121

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

***

XV - Interview to the witness CAROLE ANNE TRAMMER, PAMELA FENN'S niece, who lives in the apartment above the one used by the McCANN family, to be identified by the Requested Authority. She should be asked the following questions :

* Do you confirm your Statements, taken by the British Police in the United Kingdom, on 8th May, 2007 ?

* On what day, in what place and at what time did you see an individual nearby the apartment from where MADELEINE McCANN disappeared (please locate it on a map or sketch it) ?

* Where were you at the time you saw that person ? Did anyone else see him too ?

* How would you describe him ? How was he dressed ?

* What were his actions ? At what point were you no longer able to see him ?

* What was his behaviour like ? Where was he looking at and how was he doing it ?

* Do you recognise him in the photo-fit made by the witness TASMIN SILENCE, which is enclosed to the Letter of Request ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

***


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XVI - The competent Forensic Entity should be provide a detailed report on the social/economic/professional context of the arguidos (formal suspects) Gerry McCann and Kate Healy, as well as their Legal Records.

***

XVII - To request the competent Entity to provide MADELEINE McCANN'S dental records.

***

XVIII - To request the original copies of the examinations made by the Forensic Science Service (FSS), as well as the proceedings that led to the conclusions obtained, along with the answers to the queries on the Official Letter (enclosed - document A) requesting Forensic Examinations, which, in the meantime, has already been sent by e-mail to the FSS.

***

XIX - Complementary request, in the scope of the above-mentioned Official Letter, to compare all the profiles obtained in the tests already carried out, with those in the British National Database.

***

XX - To request the comparison of all the obtained profiles with MADELEINE McCANN's reliable reference samples ( demonstrated to belong to her ).

***


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XXI - To request the respective telephone network operating companies to supply the complete identification of the owners of the following telephone numbers :
004413955XXXXX, 004478879XXXXX, 004479226XXXXX, 004413924XXXXX, 004419267XXXXX, which refer to telephone contacts made by the arguido (formal suspect) ROBERT MURAT.

***

xxii - Transactions regarding the Mastercard Credit Cards, numbers 54355690018XXXXX and 54355690011XXXXX, used by GERALD McCANN in the time period between 1st April, 2007, and 30th September, 2007.

***

* Considering the utmost urgency, since the investigation terms are expiring, and with a view to cooperate, on site, with the British Authorities, we suggest that the above-mentioned investigations be carried out in the presence of Polícia Judiciária's Officers.

***

The cooperation request is confidential for the following reasons :
The enquiry is under Judicial Secrecy.

Applied Conventions :
European Convention on Mutual Assistance in Criminal Matters, 20th April, 1959.
Convention on Legal Assistance in Criminal Matters between the Member States of the European Union, 29th May, 2000.
Bilateral Conventions.



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Enclosures :
I - (Certified copy of the following Sections) :
1. Sections 131, 132, 135,172,182, 187, 188, 189 and 269 of the Portuguese Code of Criminal Procedure.
2. Sections 131,138,161 and 254, Subsection 1, paragraph, a) of the Portuguese Criminal Code.
II - Certified copy of the Judicial Order.

I thank you on advance for your valuable and helpful cooperation,

Yours faithfully,

Portimáo,

The Public Prosecutor,

José de Magalhães e Menezes

---------------------------------------------------------------------------------------------
I hereby certify that this translation is according to the original.
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Carta Rogatoria File (PDF Page No 126-143 ) (Handwritten Pages Reference 125-142)

For transference to the relevant thread within the Table of Contents Thread now that it's completed....

(Note : Only the Handwritten Page Reference Number used in the following text)


Page 125

PORTUGUESE CRIMINAL CODE

Section 131

Whoever kills another person shall be punished with imprisonment from 8 up to 16 years.



Page 126

Section 138

Exposure or Abandonment

1. Whoever endangers the life of another person :

a) exposing him/her in a place that subjects him/her to a situation from which he/she cannot defend himself/herself on his/her own : or

b) abandoning him/her, defenceless, whenever the perpetrator had the duty to watch, keep vigilance over or assist him/her, shall be punished with imprisonment from 1 up to 5 years.

2. If the fact is committed by an ascendant, a descendant, an adoptive parent or an adopter of the victim, the perpetrator shall be punished with imprisonment from 2 up to 5 years.

3. If the fact results in :

a) a serious assault on physical integrity, the perpetrator shall be punished with imprisonment from 2 up to 8 years.

b) death, the perpetrator shall be punished with imprisonment from 3 up to 10 years.



Page 127

Section 161

Abduction

1. Whoever abducts another person by means of violence, threat or artifice in order to ;

a) submit the victim to extortion ;

b) commit an offence against the victim's freedom and sexual self-determination ;

c) obtain a ransom or reward ; or

d) force the Public Authorities or a third party into committing an act or omission, or into supporting an activity ;

shall be punished with imprisonment from 2 up to 8 years.

2. Whenever the situations provided for :

a) in subsection 2 of Section 158 apply, the perpetrator shall be punished with imprisonment from 3 up to 15 years ;.

b) in subsection of 3 of Section 158 apply, the perpetrator shall be punished with imprisonment from 8 up to 16 years.

3. Whenever the perpetrator voluntarily renounces to his/her goal by releasing the victim, or seriously endeavours to achieve this, the punishment may be particularly mitigated.



Page 128

Section 254

Profaning a corpse or a burial ground

1. Whoever :

a) without the entitled person's consent, removes, destroys or conceals a corpse or part of it, or the ashes of a deceased person ;

shall be punished with imprisonment up to 2 years or with a Fine, up to 240 days.

2. The attempt is punishable.



Page 129

PORTUGUESE CODE OF CRIMINAL PROCEDURE

Section 131

Ability and duty to testify

1. Any person who is not banned due to mental illness has the ability to be a witness and may decline only when provided for by Law.

2. The Judicial or Prosecuting Authority checks the physical or mental ability of any person to give Testimony, whenever this is required to assess his/her credibility, and without causing any delay to the normal course of the proceedings.

3. In case of a Testimony given by a minor under 18 concerning an offence against the freedom and sexual self-determination of minors, a personality assessment may be conducted.

4. The inquiries referred to in the previous subsections, and ordered prior to the Testimony, do not prevent it from being given.



Page 130

Section 132

General duties of the witness

1. Unless otherwise provided for by Law, the witness shall be bound to the following duties :

a) To appear in due time and place before the Authority by whom he/she was Legally summoned or subpoenaed, keeping himself/herself at the disposal of that Authority until excused ;

b) To take an Oath when questioned by a Judicial or Prosecuting Authority ;

c) To obey to Legally given instructions on how to Testify ;

d) To tell the truth when questioned ;

2. The witness shall not be bound to answer when alleging that self-incrimination may result from his/her answers.

3. In order to receive summons, the witness may state his/her residence, office address or any other domicile of his/her own choice.

4. Whenever the witness must give Testimony, even in the course of an act that is barred to the public, his/her Lawyer may be present, thus informing hi/her, whenever deemed necessary, of the rights he/she is entitled to, without intervening in the examination.

5. No Lawyer acting as defence counsel for a formal suspect in the proceedings may be present with the witness under the provision set forth in the previous subsection.



Page 131

Section 135

Professional secrecy

1. Members of the Clergy, Lawyers, Doctors, Journalists, members of credit institutions and any other persons whom the Law allows or imposes professional secrecy, may be excused from giving Testimony on facts falling within it.

2. If there ate reasonable doubts about the legitimacy of the excuse, the Judicial or Prosecuting Authority before which it occurred will carry out the necessary inquiries.
Should the Judicial or Prosecuting Authority, as a result, come to the conclusion that the excuse is not legitimate, it shall then instruct, or request the Court to order that the Testimony be given.

3. The Court superior to the one where the incident arose or, in case the incident arose in the Supreme Court, the plenary meeting of it's Criminal Section may decide that Testimony be given with breach of professional secrecy whenever there is reasonable ground for it, according to the principle that the preponderant interest prevails, namely considering that Testimony is essential to discover the truth, the seriouness of the offence and the need for protection of rights. The intervention is initiated by the Judge, ex-Officio or upon request.

4. In the cases set forth in subsection 2 and 3, the decision of the Judicial or Prosecuting Authority or that of the Court is taken after hearing the representative body related with the profession the secrecy of which is at issue, under the terms and with the efforts provided for in the Legislation applying to that body.

5. The provisions in subsection 3 and 4 do not apply to religious secrecy.



Page 132

Section 172

Undergoing an examination

1. Whenever a person attempts to avoid or hinder any due examination or providing any object to be examined, he/she may be compelled to do so by decision of the competent Judicial or Prosecuting Authority.

2. The provisions of subsection 2 of Section 154 and of subsection 5 and 6 of Section 156 apply accordingly.

3. Any examinations that are liable to offend a person's modesty must respect the dignity and, as far as possible, the modesty of the person undergoing them. The examination is exclusively attended by the person performing it and by the competent Judicial or Prosecuting Authority, the person to be examined may be accompanied by a person he/she relies on, if no danger arises from a delay, and he/she must be informed of this possibility.



Page 133

Section 182

Professional or Official Secrecy and Secrecy of State

1. When ordered to do so by the Judicial or Prosecuting Authority, the persons mentioned in Sections 135 to 137 present it with the Documente and any Objects in their possession that must be seized, except when invoking, in writing, professional or Official Secrecy, or Secrecy of State.

2. Whenever refusal is based on professional or Official Secrecy, the provisions of subsection 2 and 3 of Section 135 and those of subsection 2 of Section 136 apply accordingly.

3. Whenever refusal is based on Secrecy of State, the provisions of subsection 3 of Section 137 apply accordingly.



Page 134

Section 187

Admissibility

1. Intercepting or recording telephone conversations or communications can only be Authorized at the stage of inquiry, whenever there are reasons to believe that this measure is essential to discover the truth, or because evidence would otherwise be impossible or very difficult to obtain, under a substantiated order of an investigating Judge and upon a request submitted by the Prosecution Service, with regard to the following offences :

a) Offences punishabloe with a maximum imprisonment term exceeding 3 years.

4. Irrespective of the holder of the communication means used, interception or recording as provided for in the previous subsections can only be Authorized regarding :

a) a suspect whether formal or not ;

b) any person serving as an intermediary, about whom there are reasonable grounds to believe he/she receives or transmits messages aimed at or coming from a suspect, whether formal or not.



Page 135

Section 188

Operation-related formalities

1. The Criminal Police body carrying out the interception and recording as referred to in the previous Section draws up the corresponding report and a statement outlining the passages that are relevant as evidence, offers a brief description of the contents therein and explains their significance for discovering the truth.

2. The provisions set out in the previous subsection shall not prevent the Criminal Police body carrying out the investigation from previously taking knowledge of the contents of the intercepted communication, so as to be able to take the necessary precautionary and urgent measures in order to safeguard evidence.

3. The Criminal Police body referred to in subsection 1 informs the Prosecution Service every 2 weeks as from the beginning of the first interception carried out in the proceedings of the corresponding technical equipment, as well as of the respective reports and statements.

4. The Prosecution Service informs the Judge of the elements referred to in the previous subsection at the latest within a period of 2 days.

5. In order to take knowledge of the contents of the conversation or communications, the Judge is assisted, whenever deemed convenient, by a Criminal Police body, and appoints an interpreter, if necessary.

6. Subject to the provisions set forth in subsection 7 of the previous Section, the Judge determines that any technical equipment and statements clearly unrelated to the proceedings be immediately destroyed :

a) whenever they concern conversations in which none of the persons referred to in subsection 4 of the previous Section intervene ;



Page 136

b) whenever they include information covered by professional or Official Secrecy, or by Secrecy of State ; or

c) whenever their disclosure may cause serious harm to any rights, freedoms and guarantees ;

all intervening parties shall be bound by secrecy with regard to the conversations that have come to their knowledge.

7. During the inquiry, and upon request of the Prosecution Service, the Judge determines that any conversations and communications essential to substantiate the application of coercive or property guarantee measures, except for the statement of identity and residence, be transcribed and added to the case file.

8. As soon as the inquiry is closed, the Prosecuting party and the Defendant may examine the technical equipment regarding the conversations and communications, and they may obtain at their expense, copies of the Sections they wish to transcribe and add to the case files, as well as copies of the statements referred to in subsection 1, until the limitation period established either for requesting the opening of the investigation, by the investigating Judge or for submitting the defence has expired.

9. The only conversations and communications that are valid as evidence are those :

a) the transcription of which the Prosecution Service ordered to the Criminal Police body carrying out the interception and recording, and indicated as evidence for the Prosecution ;

b) the transcription of which, based on copies as mentioned in the previous subsection, is carried out by the Defendant, who adds it to the request for the opening of the investigation by the investigating Judge or to the defence ; or

c) the transcription of which, based on copies as mentioned in the previous subsection, is carried out by the Prosecuting party within the limitation period established for requesting the opening of the investigation by the investigating



Page 137

Judge, even if said party does not request it or is not legitimately entitled to do so.

10. The Court may listen to the recordings in order ot establish whether any corrections need to be made in transcriptions already carried out or new transcriptions need to be added to the case file, whenever deemed necessary to discover the truth and settle the case.

11. The people whose conversations or communications were intercepted and transcribed may examine the corresponding technical equipment until final Judgement is given.

12. Any technical equipment regarding conversations or communications that are not subject to transcription in order to serve as evidence shall be kept in an envelope sealed with wax and held to the order of the Court, being destroyed after the sentence becomes final and binding, thus closing the proceedings.

13. Once the sentence becomes final and binding, as provided for in the previous subsection, the technical equipment that has not been destroyed shall be kept in an envelope sealed with wax, together with the case file, and may only be used if an extraordinary appeal is filed.



Page 138

Section 189

Extension

1. The provisions in Sections 187 and 188 apply correspondingly to conversations or communications transmitted by technical means other than the telephone, namely electronic mail or other ways of telematic data transmissions, even when kept on digital equipment, as well as to the interception of communications between people present.

2. The gathering and adding to the case file of data regarding cell location or of records regarding conversations or communications can only be ordered or Authorized, at any stage of the proceedings, following a Judicial Order with regard to the offences provided for in subsection 1 of Section 187 and concerning th epersons mentioned in subsection 4 of said Section.



Page 139

Section 269

Acts to be ordered or Authorized by the investigating Judge

1. During the inquiry, the investigating Judge is th eonly Authority competent to order or Authorize :

e) The interception and recordings of conversations or communications as provided for in Sections 187 and 189 ;

f) The performance of any other acts strictly dependent by Law on the investigating Judge's Order or Authorization.



Page 140


Portimão Judical and Family and Minors' Court
JIC

Investigating Judge
Av. Miguel Bombardo - Palácio da Justiça - 4 Piso - 8501-960 Portimão
Phone number : 282460861 Fax number : 282425198 E-mail correio@portimao.tc.mj.pt

Case : 201/07.0GALGS Inquiry (Jurisdictional acts) 3625251

CONC. - 12-12-2007

=CLS=

Request submitted for approval, Page 3593 : examined

The Portuguese Prosecution Service requests that the Telephone Network Operating Companies be instructed to disclose the below-mentioned information concerning the telephone numbers listed on Pages 3593 and 3594, with a view to drawing up and issuing a Letter of Request for Legal Assistance in Criminal Matters :

a) Full identity data regarding the owners of the telephone numbers referred to in point 1 on Pages 3593 and 3594 ;

b) All incoming and outgoing phone calls' records, including text (SMS) and multimedia (MMS) messages, and their respective contents as well, relating to the time period between 2nd May, 2007, 00H00, and 5th May, 2007, 00H00, in respect of the telephone numbers referred to in point 1 on Pages 3593 and 3594 ;



Page 141

c) Full identity data regarding the owners of the telephone numbers referred to in point 3 on Page 3594, and relating to communications made by Robert Murat ;

Thus, in order to substantiate the above request, it should be adduced that the above pieces of information are essential in order to make it possible to further pursue the investigation.

Let this be carefully considered.

Eithin this case, the investigation is being conducted into facts liable to fit the commitment of such Crimes as Abduction, Homicide, Exposure or Abandonment, and Body Concealment.
Having examined the case files, and with a view to identifying the person(s) that may have been involved in the above-mentioned Crimes, I think there are no possible measures to be taken other than the requested action. Thus, disclosing the information above specified is therefore deemed as vital to establish the truth and possibly identify the perpertrator(s) of the above Crimes.
Under the present circumstances, and as shown by the case reports, we might say that, for the time being, the investigation has reached an impasse, where it seems no progress can be made or no advance is possible ; for that reason, the pieces of information being asked for by the Portuguese Prosecution Service should be released by the Telephone Network Operating Companies, as it would happen in Portugal if that were the case, in view of the fact that, as already highlighted, obtaining such information may well lead to identify the perpertrator(s) of said Crimes, as provided for in subsection 1 of Section 187 of the Portuguese Code of Criminal Procedure.
It should be added that the requested information relates to offences and persons specifically listed and referred to in letter a) of subsection 1, in letters a) and b) of subsection 4, of Section 187, and in subsection 2 of Section 189, of the Portuguese Code of Criminal Procedure.
Thus, under the provisions set forth in Sections 135 and 182, in letter a) of subsection 1, and in letters a) and b) of subsection 4, of Section 187, in subsection 2 of Section 189, and in letter e) of subsection 1, of Section 269, of the Portuguese Code of Criminal Procedure, I



Page 142

hereby Authorize that action be taken in order to obtain the above-mentioned information (except in what regards the contents of the text (SMS and multimedia (MMS) messages) and that the data so gathered be subsequently included in the reports, such action being taken by means of a Letter of Request to be drawn up and sent by the Portuguese Prosecution Service.
A Certified copy of this Judicial Order is to be attached to the previously mentioned Letter of Request.

The case file is to be sent on to the Prosecution Service.

Portimão, December 12th, 2007

Signed :

(Pedro Frias, Investigating Judge)
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Table of Contents : Pages 4289 to 4293—"Home office letter re: legal request 2008.05.08 with supporting documents (English)"


(For transference to relevant Thread within the Table of Contents Thread)

Processo Vol 16....Page 4289 (Page 1 of 5)


Home Office
UK Central Authority
5th Floor, Fry Building, 2 Marsham Street, London, SW1P 4DF
ukcentralauthority@homeoffice.gsi.gov.uk
Our Reference : MLI/07/210/2104
Your Reference : Po no 176/2008, Lo CIMP
9th May 2008

Joana G. Ferreira
Procuradoria-Geral Da Republica
Gabinete Do Procurador-Geral
Rua Da Escola Politecnica no 140
1269-269 Lisboa

SENT VIA DHL

Dear Sir/Madam

RE : LETTERS OF REQUEST FOR LEGAL ASSISTANCE IN THE MATTER OF MADELEINE MCCANN.

Please find enclosed evidence we received from Leicestershire Police into the requested assistance.

If you need to use the evidence for any other proceedings, which are not outlined in the original request, you must seek the Authorisation of the UK Central Authority in advance the material being used for those proceedings.

Thank you.

Yours faithfully

(signed)
Mrs Nash
UKCA
Home Office
For and on Behalf of the Secretary of State



Page 4290 (Page 2 of 5)

From : D/Insp. Mick Graham
Dept : Major Crime Unit
To : Frances Kennah UKCA
Date : 9th May 2008
Subject : Madeleine McCann (Operation Task)

This report is the initial response to the requests contained within the International Letters of Request submitted by the Portuguese Authorities in respect of the Investigation into the disappearance of Madeleine McCann. This first submission of documents comprises of a total of 30 witness statements.

First Letter of Request - dated 23rd January 2008

1. Page 41 (PJ Ref I) Interview of Brian HEALY - As discussed with the PJ, Mr Healy was suffering from health problems and the decision was reached that he will not be interviewed. This has been recorded as a policy decision.

2. Page 43 (PJ Ref IV) Interview Sandy (Alexander) CAMERON - He was interviewed on 15th April 2008 and a statement obtained, please see enclosed copy.

3. Page 44 ( PJ Ref V) Interview Michael WRIGHT (cousin of Kate McCann). He was interviewed on 16th April 2008 and a statement obtained, please see enclosed copy.

4. Page 44 (PJ Ref V) Request to interview Alexander James CAMERON - this is a duplicate of the request on Page 43.

5. Page 44 (PJ Ref VI) Interview John BROWN - he was interviewed on 24th April 2008 and a statement obtained, please see enclosed copy.

6. Page 45 (PJ Ref VI) Interview Adrian Robert LOWES - he was interviewed on 6th May 2008 and a statement obtained, please see enclosed copy.



Page 4291 (Page 3 of 5)

7. Page 45 (PJ Ref VI) Interview of (Amanda) Ruth LOWES - She was interviewed on 6th May 2008 and a statement obtained, please see enclosed copy.

8. Page 45 (PJ Ref VI) Interview John Gray PATERSON - He was interviewed on 29th April 2008 and a statement obtained, please see enclosed copy.

9. Page 45 (PJ Ref VI) Interview Dr. George Jeremy THOMPSON - He was interviewed on 29th April 2008 and a statement obtained, please see enclosed copy.

10. Page 45 (PJ Ref VI) Interview Simon John HALDER - He was interviewed on 30th April 2008 and a statement obtained, please see enclosed copy.

11. Page 45 (PJ Ref VI) Interview (Duncan Raymond) Raymond Duncan SMITH - He was interviewed on 30th April 2008 and a statement obtained, please see enclosed copy.

12. Page 45 (PJ Ref VII) Interview Simon Andrew FAWKES - He was interviewed on 22nd April 2008 and a statement obtained, please see enclosed copy.

13. Page 46 (PJ Ref VII) Interview Claire Louise FAWKES - She was interviewed on 22nd April 2008 and a statement obtained, please see enclosed copy.
A small album of photographs has also been included from a CD she presented to the interviewing Officers. A scanned copy has been retained within the Leicestershire Incident Room.

14. Page 46 (PJ Ref VII) Interview of Ruth Elizabeth FAWKES - She was not interviewed due to her very young age ( 3 1/2 years old).

15. Page 46 (PJ Ref VII) Interview Carlo DAMBROSIO ( Carlo Francesco D'AMBROSIO ) - He was interviewed on 29th April 2008 and a statement obtained, please see enclosed copy.

16. Page 46 (PJ Ref VII) Interview June HUGHES - She was interviewed on 29th April 2008 and a statement obtained, please see enclosed copy.

17. Page 46 (PJ Ref VII) Interview Paul Anthony GORDON - He was interviewed on 24th April 2008 and two statements obtained, please see enclosed copies.

18. Page 46 (PJ Ref VII) Interview of Saleigh Louise GORDON - She was interviewed on 24th April 2008 and a statement obtained, please see enclosed copy.

19. Page 46 (PJ Ref VII) Interview Chxxxxx GORDON - Chxxxxx is a very young child, therefore he was not interviewed.

20. Page 46 (PJ Ref VII) Interview Jaxxxxx GORDON - Jaxxxxx is a very young child, therefore she was not interviewed.

21. Page 47 (PJ Ref VIII) Interview Neil BERRY - He was interviewed on 23rd April 2008 and a statement obtained, please see enclosed copy. There was also a request to obtain buccal swabs and hair samples from him - this had been completed previously.



Page 4292 (Page 4 of 5)

22. Page 48 (PJ Ref VIII) Obtain buccal swabs from Rajinder BALU - swabs obtained on 23rd April 2008 and submitted to FSS Birmingham on 25th April 2008.
A hair sample had been taken previously.

23. Page 50 (PJ Ref X) Interview Jeremy Michael WILKINS - He declined to be interviewed on DVD but did agree to a written statement. He was interviewed on 7th April 2008 and a statement obtained, please see enclosed copy.

24. Page 52 (PJ Ref XI) Interview Jeronimo Tomas Rodrigues SALCEDAS who was a Tapas Restaurant employee who was working on evening duty on 3rd May 2007. - He was interviewed on 23rd April 2008 and a statement obtained, please see enclosed copy.

25. Page 53 (PJ Ref XII) Identify babysitters to the McCann's children - These were identified as being Janet KENNEDY and Sharon LEWIN both of who have been interviewed and are subject to separate entries on this report.

26. Page 53 (PJ Ref XII) Identify nursery staff to the McCann family - They were identified as Sharon LEWIN and Hayley PLUMMER, both have been interviewed and statements obtained. (See separate entries on this report)

27. Page 54 (PJ Ref XIII) Identify housemaid(s) to the McCann family - Amanda COXON is employed to look after the children and assist with household tasks. COXON is being interviewed and her statement will be subject to a separate entry.

28. Page 55 (PJ Ref XIV) Interview Detective Inspector Michael GRAHAM. A statement was completed on 21st April 2008, please see enclosed copy.

29. Page 55 (PJ Ref XIV) Interview Detective Inspector Neil HOLDEN. A statement was completed on 25th April 2008, please see enclosed copy.

30. Page 55 (PJ Ref XIV) Interview Detective Constable Jim McGARVEY. A statement was completed on 25th April 2008, please see enclosed copy.

31. Page 55 (PJ Ref XIV) Interview Detective Constable Stephen MARKLEY. A statement was completed on 25th April 2008, please see enclosed copy.

32. Page 55 (PJ Ref XIV) Interview Detective Constable Caroline BURROWS. A statement was completed on 22nd April 2008, please see enclosed copy.

33. Page 55 (PJ Ref XIV) Interview Detective Constable Eleanor JOHNSON. A statement was completed on 22ndh April 2008, please see enclosed copy.



Page 4293 (Page 5 of 5)

From Second Letter of Request, received by UKCA 4th February 2008

34. Page 19 - Interview Catriona BAKER who worked as a child minder/creche worker at the Mark Warner resort - She was interviewed on 14th April 2008 and a statement obtained, please see enclosed copy.

35. Page 20 - Interview Paul SEDDON - He was interviewed on 16th April 2008 and a statement obtained, please see enclosed copy.

36. Page 22 - Interview Patricia CAMERON - this is a duplicate request, please refer to Page 20 of this letter.

37. Page 22 - Interview Sharon LEWIN - She was interviewed on 21st April 2008 and a statement obtained, please see enclosed copy.

38. Page 22 - Interview Hayley PLUMMER - She was interviewed on 6th May 2008 and a statement obtained, please see enclosed copy.

39. Page 22 - Interview Sandy CAMERON - this is a duplicate from the first Letter of Request, please refer to Pages 43 and 44 of the first LOR.

40. Page 22 - Interview Michael WRIGHT - this is a duplicate from the first Letter of Request, Page 44.

41. Page 22 - Interview Clarence MITCHELL - He was interviewed on 28th April 2008 and a statement obtained, please see enclosed copy.

Respectfully submitted for your attention and consideration.

(signed)
Mick Graham
Detective Inspector

A total of 30 statements supplied to UKCA on 9th May 2008.

Delivered by (name) signed A M Smith DC 1239
Received by (name) signed S Blackley
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